This case was last updated from Los Angeles County Superior Courts on 07/18/2019 at 00:14:12 (UTC).

CITY OF LOS ANGELES VS. FLOWER APARTMENTS LLC.,

Case Summary

On 01/03/2018 CITY OF LOS ANGELES filed a Contract - Other Contract lawsuit against FLOWER APARTMENTS LLC . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and ELAINE LU. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8943

  • Filing Date:

    01/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOLLY E. KENDIG

ELAINE LU

 

Party Details

Petitioner and Plaintiff

CITY OF LOS ANGELES

Defendants and Respondents

DOES 1 TO 25

FLOWER APARTMENTS LLC

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

LOZARO A. VOLTAIRE DEPUTY CITY ATTORNEY

LAZARO AVELINO VOLTAIRE

Defendant and Respondent Attorneys

SEGURA JACOB N. ESQ.

SEGURA JACOB NESSIM ESQ.

 

Court Documents

Minute Order

7/10/2018: Minute Order

NOTICE OF COURT SETTING A SEPTEMBER 6, 2018 ORDER TO SHOW CAUSE HEARING

7/12/2018: NOTICE OF COURT SETTING A SEPTEMBER 6, 2018 ORDER TO SHOW CAUSE HEARING

Minute Order

9/6/2018: Minute Order

CASE MANAGEMENT STATEMENT

9/7/2018: CASE MANAGEMENT STATEMENT

DECLARATION OF JACOB N. SEGURA IN RESPONSE TO OSC RE SANCTIONS FOR FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE ON JULY 10, 2018

9/7/2018: DECLARATION OF JACOB N. SEGURA IN RESPONSE TO OSC RE SANCTIONS FOR FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE ON JULY 10, 2018

Notice Re: Continuance of Hearing and Order

10/4/2018: Notice Re: Continuance of Hearing and Order

Notice of Continuance

10/11/2018: Notice of Continuance

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/7/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice

12/14/2018: Notice

Case Management Order

2/25/2019: Case Management Order

Minute Order

2/25/2019: Minute Order

Minute Order

5/7/2018: Minute Order

CASE MANAGEMENT STATEMENT

4/24/2018: CASE MANAGEMENT STATEMENT

DEFENDANT FLOWER APARTMENTS, LLC'S ANSWER TO UNVERIFIED COMPLAINT

3/12/2018: DEFENDANT FLOWER APARTMENTS, LLC'S ANSWER TO UNVERIFIED COMPLAINT

NOTICE OF CASE MANAGEMENT CONFERENCE

1/18/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE SUMMONS

1/16/2018: PROOF OF SERVICE SUMMONS

NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

1/5/2018: NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

SUMMONS

1/3/2018: SUMMONS

7 More Documents Available

 

Docket Entries

  • 02/25/2019
  • Docketat 08:30 AM in Department 26, Elaine Lu, Presiding; Case Management Conference - Held

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  • 02/25/2019
  • DocketCase Management Order; Filed by Clerk

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  • 02/25/2019
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 12/14/2018
  • DocketNotice (of case reassignment and order for plaintiff to give notice); Filed by City of Los Angeles (Plaintiff)

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  • 12/07/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 10/11/2018
  • DocketNotice of Continuance (of Case Management Conference); Filed by City of Los Angeles (Plaintiff)

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  • 10/04/2018
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 10/04/2018
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 09/07/2018
  • DocketDECLARATION OF JACOB N. SEGURA IN RESPONSE TO OSC RE SANCTIONS FOR FAILURE TO APPEAR AT CASE MANAGEMENT CONFERENCE ON JULY 10, 2018

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  • 09/07/2018
  • DocketCASE MANAGEMENT STATEMENT

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16 More Docket Entries
  • 03/12/2018
  • DocketAnswer; Filed by Flower Apartments, LLC (Defendant)

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  • 01/18/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/18/2018
  • DocketNotice of Case Management Conference; Filed by City of Los Angeles (Plaintiff)

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  • 01/16/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/16/2018
  • DocketProof-Service/Summons; Filed by City of Los Angeles (Plaintiff)

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  • 01/08/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

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  • 01/08/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/03/2018
  • DocketCOMPLAINT FOR DAMAGES 1) ACCOUNT STATED ;ETC

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  • 01/03/2018
  • DocketSUMMONS

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  • 01/03/2018
  • DocketComplaint; Filed by City of Los Angeles (Plaintiff)

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Tentative Rulings

Case Number: ****8943    Hearing Date: September 22, 2020    Dept: 26

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

Superior Court of California

County of Los Angeles

Department 26

CITY OF LOS ANGELES, acting by and through the los angeles department of water and power,

Plaintiff,

v.

flower apartments, llc et al.,

Defendants.

Case No.: ****8943

Hearing Date: September 22, 2020

[TENTATIVE] order RE:

PLAINTIFF CITY OF LOS ANGELES’ motion to COMPEL RESPONSES TO DISCOVERY REQUESTS

Background

On November 8, 2019, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed the instant motion to compel responses from Defendant Flower Apartments, LLC (“Defendant”) to (1) Special Interrogatories (“SROG”) and (2) Request for Production of Documents (“RPD”). Plaintiff requests monetary sanctions in the amount of $800[1] against Defendant and its counsel.

On August 16, 2019, Plaintiff served the discovery requests on Defendant. Plaintiff afforded Defendant additional time to provide responses. Despite this extended time, as of the filing of this motion, Plaintiff has not received responses from Defendant.

Pursuant to written stipulation the instant motion was continued from December 9, 2019 to February 11, 2020. (Minute Order 12/9/19.) On February 11, 2020, the instant motion was again continued from February 11, 2020 to September 22, 2020 at 8:30 am. (Minute Order 2/11/20.) On February 13, 2020, Plaintiff filed proof of service of notice of the (continued) September 22, 2020 hearing date. No opposition or reply has been filed.

Motions to Compel

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to the outstanding discovery requests, without objections, within fifteen (15) days of notice of this order.

Sanctions

Plaintiff requests monetary sanctions in the amount of $800 against Defendant and its counsel.

The Court finds Defendant’s failure to respond a misuse of the discovery process.

Sanctions have been sufficiently noticed against Defendant and its counsel. The Court finds that the amount requested -- $800[2] for 4 total hours of work to prepare the motion and attend the hearing at $200 per hour – is reasonable. Accordingly, the Court awards $800 in monetary sanctions against Defendant and its counsel jointly and severally to be paid to Plaintiff by and through counsel within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to Plaintiff’s SROG and RPD, without objections, within fifteen (15) days of notice of this order.

Plaintiff’s request for sanctions is granted. Defendant Flower Apartments, LLC and Defendant’s Counsel Jacob N. Segura are jointly and severally ordered to pay monetary sanctions in the amount of $800 to Plaintiff, by and through counsel, within thirty (30) days of notice of this order.

The parties should be prepared at the hearing on this motion to discuss the re-setting of the trial and final status conference.

The moving party is ordered to provide notice of this order and file proof of service of such.

DATED: September 22, 2020 ___________________________

Elaine Lu

Judge of the Superior Court


[1] Plaintiff’s notice of motion states the amount is $800 (Notice of Motion 2:7), while the memorandum of points and authorities states the amount as $900 (Points and Authorities 3:24.) The extra $100 is from litigation costs. (Lazaro Decl. ¶ 7.)

[2] The Court may not award the $100 for litigation costs because of improper notice in the notice of motion. (See Footnote 1.)



Case Number: ****8943    Hearing Date: February 11, 2020    Dept: 26

The court has read and considered all papers filed in connection with Plaintiff City of Los Angeles’s Motion To Compel Responses To Discovery Requests. No dispositive tentative ruling is issued at this time.

The Court has concerns regarding Counsel for Defendant Jacob N. Segura’s medical condition and requests that the parties please provide an update at the February 11, 2020 hearing as to whether Mr. Segura has resumed work following the joint stipulation filed on December 18, 2019 and whether Plaintiff’s Counsel has received any communication since mid-December 2019.



Case Number: ****8943    Hearing Date: December 09, 2019    Dept: 26

Superior Court of California

County of Los Angeles

Department 26

CITY OF LOS ANGELES, acting by and through the los angeles department of water and power,

Plaintiff,

v.

flower apartments, llc et al.,

Defendants.

Case No.: ****8943

Hearing Date: December 9, 2019

[TENTATIVE] order RE:

PLAINTIFF CITY OF LOS ANGELES’ motion to COMPEL RESPONSES TO DISCOVERY REQUESTS

Background

On November 8, 2019, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed the instant motion to compel responses from Defendant Flower Apartments, LLC (“Defendant”) to (1) Special Interrogatories (“SROG”) and (2) Request for Production of Documents (“RPD”). Plaintiff requests monetary sanctions in the amount of $800[1] against Defendant and its counsel.

On August 16, 2019, Plaintiff served the discovery requests on Defendant. Plaintiff afforded Defendant additional time to provide responses. Despite this extended time, as of the filing of this motion, Plaintiff has not received responses from Defendant.

No opposition or reply has been filed. Plaintiff’s opposition was due on November 22, 2019, and Defendant’s reply was due on December 2, 2019.

Motions to Compel

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to the outstanding discovery requests, without objections, within fifteen (15) days of notice of this order.

Sanctions

Plaintiff requests monetary sanctions in the amount of $800 against Defendant and its counsel.

The Court finds Defendant’s failure to respond a misuse of the discovery process.

Sanctions have been sufficiently noticed against Defendant and its counsel. The Court finds that the amount requested -- $800[2] for 4 total hours of work to prepare the motion and attend the hearing at $200 per hour – is reasonable. Accordingly, the Court awards $800 in monetary sanctions against Defendant and its counsel jointly and severally to be paid to Plaintiff by and through counsel within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to Plaintiff’s SROG and RPD, without objections, within fifteen (15) days of notice of this order.

Plaintiff’s request for sanctions is granted. Defendant Flower Apartments, LLC and Defendant’s Counsel Jacob N. Segura are jointly and severally ordered to pay monetary sanctions in the amount of $800 to Plaintiff, by and through counsel, within thirty (30) days of notice of this order.

The moving party is ordered to provide notice of this order and file proof of service of such.

DATED: December 9, 2019 ___________________________

Elaine Lu

Judge of the Superior Court


[1] Plaintiff’s notice of motion states the amount is $800 (Notice of Motion 2:7), while the memorandum of points and authorities states the amount as $900 (Points and Authorities 3:24.) The extra $100 is from litigation costs. (Lazaro Decl. ¶ 7.)

[2] The Court may not award the $100 for litigation costs because of improper notice in the notice of motion. (See Footnote 1.)



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